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LEASE AGREEMENT Powered By Docstoc
					                                                                                                                 EXIT REALTY PRODUCERS
                                                                                                                    3600 NW 43rdSt. Ste. G1
                                                                                                                     Gainesville, FL 32606
                                                                                                                 P:352.505.5700 F:352.505.5570
                                                                                                                      www.exitrentals.net

                                            LEASE AND RENTAL AGREEMENT

Hereinafter called Tenant(s), hereby jointly and severally, agree(s) by this Lease to rent from Exit Realty Producers as agent for Owner .
hereinafter called Landlord, the following Unit, located at         , Gainesville, Florida       for a rental term beginning      and ending
on          at NOON (12:00 P.M.), both dates inclusive, at a rental rate of $          Dollars per month, payable by a single personal check,
cashier's check or money order, without billing on the first day of each successive month to Landlord at his Office or by mail, subject to
the conditions and terms below which are hereby mutually accepted by Tenant(s) and Landlord. Landlord hereby acknowledges receipt
of the following sums of money from Tenant(s), $            for SECURITY DEPOSIT subject to terms stated in Section (2).
     (2) DEPOSIT / GUARANTY: Landlord requires in addition to a Security Deposit, a PARENTAL GUARANTY of LEASE for any named
Tenant who cannot evidence a sufficient source of continuous monthly income equal to triple the monthly rent amount. In lieu of a
PARENTAL GUARANTY an amount equal to two times the monthly rental amount may be placed with the Landlord. Landlord may
retain Security Deposit or prepaid rent as a cancellation charge or as liquidated damages if Tenant(s) fails to take occupancy of the
premises as agreed or violates any of the terms of this lease; or Landlord may apply all or any portion of the Security Deposit and/or
prepaid rent to the cost of cleaning or repairs due to Tenant's use or occupancy of the Unit or furnishings, reasonable wear and tear
only excepted. Any portion of the Security Deposit or prepaid rent remaining after deducting cleaning or repair costs shall be returned
to Tenant(s), pursuant to Section 83.49, Florida Statutes, after unit and furnishings are surrendered to Landlord's possession in
accordance with the terms of this Lease. Tenant(s) shall not receive any interest on deposit held by Landlord, and Landlord shall be
entitled, in addition to the retention of the Security Deposit, to pursue all legal remedies to collect all costs or damages, including court
costs and attorneys' fees sustained by Landlord by reason of tenant's breach of the terms and conditions of this Lease, whether suit is
filed or not. (SECURITY DEPOSIT SHALL NEVER BE CONSTRUED OR INTENDED TO BE APPLIED AS RENT).
     (3) RENT: All rent is due in full on the first (1st) day of each month, payable at the Management Office or by Mail, in the form of a
single personal check, money order or cashier's check. NO CASH WILL BE ACCEPTED. Any rent not delivered and received in the office
by the close of business on the third (3rd) day of the month will be assessed a late penalty of $25.00 plus $2.00 per day late fee from
the first day of the month; which shall continue to accrue until full payment is received, this Lease expires or Landlord terminates this
obligation regardless of whether Tenant vacates or abandons the rental premises and/or legal action is commenced. All late rents must
be paid with a money order or cashier's check, no personal checks. If such rent shall not be so paid the landlord will, issue a three (3)
day demand notice for all rent and fees due, the Landlord has the absolute right of canceling and terminating this Lease without further
notice and the Tenant(s) shall surrender possession of said Unit and all furnishings leased within (3) three business days after receipt of
such demand notice of payment. This notice may be given in writing, mailed by the United States Mail, or delivered to the premises;
and such written notification, by mail or delivery thereof to the premises, shall constitute sufficient notice. Such surrender of
possession will in no way deprive Landlord of his right to recover any sums due under this Lease. Tenant acknowledges that any
payment received by Landlord will first be applied to any outstanding charges (such as late charges, cleaning service fees, repairs,
return check charges, unpaid utility billings incurred by or on behalf of Tenant prior to applying the same to the current monthly rent.
If the payment tendered by Tenant fails to cover the total charges outstanding, then Tenant shall immediately pay the difference, plus
any late charge incurred by virtue of Tenant's failure to timely pay all sums due from Tenant to Landlord. Any rent paid with a bad
check, that is a check issued on an account without sufficient/collectible funds, or on a nonexistent bank account, shall be considered a
default hereunder. Landlord shall have the right to charge a thirty dollar ($30) handling fee for each bad check, and shall also have the
right to pursue any remedies, including eviction, provided by this Lease or by law. The parties hereto specifically agree and warrant
that all late charges, handling fees, worthless check fees, utility billing including but not limited to unpaid water and waste water
charges, or other charges are hereby defined as and considered and intended to be rent. In addition to any other remedy available to
Landlord, the failure of Tenant(s) to pay any rental installment within fifteen (15) days after the same, shall have become due, shall
entitle Landlord, at its option, to accelerate the entire balance of the total amounts due under the terms of this Lease including all rent,
all late charges or other fines and Landlord may declare same to be due and payable immediately; acceptance by Landlord of a portion
of any moneys owed by Tenant(s) from the obligation to pay any balance of moneys owed and the acceptance of any moneys from
Tenant(s) by Landlord, with knowledge of any breach of this Lease or any default hereunder, shall not be deemed to be a waiver of any
provision of this Lease or any right conferred on Landlord by Law. In the event of a default hereunder, in addition to any other
remedies, the Landlord is entitled to employ an attorney to enforce landlord's rights hereunder, and all reasonable fees and cost
connected therewith shall be paid by tenant. Any moneys due which remain unpaid after default shall bear interest at the rate of 1 1/2
% per month, but in no event greater than the highest rate allowable under state law. In any civil action brought to enforce the
provisions of this Lease Agreement the prevailing party may recover its reasonable court costs, including attorney's fees.
     (4) RENEWAL: The Tenant's have the obligation to notify the Landlord sixty (60) days prior to the expiration of this Lease of his
intention to vacate the premises upon said termination or his intention to remain. If Tenant(s) does not give such notice to Landlord
within sixty (60) days of expiration, then Landlord shall assume the unit will be available for rental to a new Tenant(s) at the end of the
Lease term specified. If Tenant(s) choose to renew the Lease, Landlord or Landlord's Agent will inform Tenant(s) of any changes that



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will effect the terms and conditions of Renewal, Tenant(s) must execute a new Lease upon presentation. If a Renewal Lease is
executed, to which a current Tenant is not a party, it is the obligation of that Tenant to notify tbe Landlord of any claim they may have
to the Security Deposit, noted above. If said notice is not delivered to the Landlord thirty (30) days before the expiration of this Lease,
Landlord is authorized to assume all claims against said Security Deposit are abandoned and sole ownership of said Security Deposit is
held by successor Tenant(s) executing the Renewal Lease and Landlord is expressly authorized and permitted to issue any future
Security Deposit refund solely in the names of said successor Tenant(s). If this Lease relates to a renewal or re-rental of the same unit
by one or more of the unit's prior tenants, the undersigned tenants each expressly understands and agrees to accept the unit in an "as
is" condition without management inspection and/or any deduction from the existing security deposit and each undersigned tenant
expressly and knowingly assumes all liability for the existing condition of such unit, dating from the renewing or re-renting tenants
earliest Lease on said unit, and including each undersigned tenant's express agreement to application of the existing security deposit to
any and all damages occurring during the period of continuous rental of this unit; the undersigned tenants each expressly understand
and agree that all their individual security deposit contributions or refunds shall be a matter solely between themselves for which
landlord shall have no obligation nor responsibility and any agreement or dispute relating to same is and shall be the tenants sole
liability.
     (5) OTHER CONDITIONS: This Lease is for the Rental Term specified above, and all provisions not specified herein shall be
covered by the Laws of the State of Florida. If any provisions contained within this Lease are found to be contradictory to the Laws of
the State of Florida, then only those provisions shall be deemed void, leaving the remainder of this Agreement enforceable. If
Tenant(s) breach this Lease or fail or neglect to make any payment when due, Landlord may: declare this Lease null and void and retake
possession of Unit as fully as if no Lease had ever existed, or stand by and do nothing, or rent Unit for the account of Tenant(s), all
moneys received under such Re-rental, after deducting costs incurred, shall be credited to the amount Tenant(s) owes; and Tenant(s)
shall be responsible to Landlord of the balance due under this Lease after such credit.
     (6) LIMITS OF OCCUPANCY: The Unit shall be restricted to a maximum of two (2) persons in a (1) Bedroom Unit, four (4) persons
of same family or two(2) adults in a (2) Bedroom Unit, five (5) Persons of same family or three (3) adults in a (3) Bedroom and a
maximum of six (6) persons of same family or three (3) unrelated adults in a (4) Bedroom Unit, excepting Tenant's occasional overnight
or weekend guest.Tenant(s) shall not keep or maintain in unit or on the general premises any animal under any circumstances
without prior written permission from the landlord.
     (7) RE-RENTALS: Tenant(s) shall not re-rent Unit or any part thereof or assign or subdivide this Lease without Landlord's consent,
obtained in writing and secured in advance. Forms are available for the purpose of re-renting, and must be used. A charge of $200.00
Dollars will be made for re-renting an apartment for a Tenant(s) during the term of this Lease. lf persons other than Tenant's Lawful
spouse or children concurrently occupy unit with Tenant(s), each such person shall sign the rental agreement and be jointly responsible
withTenant(s) for observing conditions and terms of Tenant's rental agreement. Subletting is not permitted.
     (8) AUTHORIZED ENTRY: Tenant(s) shall allow Landlord, or his authorized agent, entry at any time for emergency measures to
protect the property or its inhabitants and at all reasonable hours for purposes of inspection or making repairs or alterations which
Landlord may deem desirable or necessary. Landlord will make reasonable attempt to notify tenant prior to non-emergency
inspections. (see 12C).
     (9) LIABILITY: Tenant(s) understands that landlord does not insure personal property belonging to tenant(s) against any hazard,
nor does landlord provide liability insurance or any other coverage for the benefit of tenant(s). Neither landlord nor agent shall be
liable for any personal conflict or personal injury to tenant or damage or loss to tenant's property, including but not limited to any
injury, loss or damage caused by burglary, assault or battery, fighting, vandalism, theft, or any other crimes. All personal property
placed or kept in the premises, or in any storage room or space, or anywhere on the adjacent property of landlord shall be at tenant's
sole risk and landlord shall not be liable for any damages to, or loss of, such property. Tenant is encouraged to secure apartment-
dwellers or similar personal property and liability insurance to cover any loss or damage to personal property. Although the presence
of Courtesy personnel, where applicable, is for the benefit and convenience of Landlord, Agent, and Tenant, it is expressly understood
and agreed that the risk of crime always exists, and the providing of Courtesy personnel in no way commits the Landlord to insure,
guarantee, indemnify, or otherwise protect Tenant or Tenant's personal property, or the person or property of any guest, invitee, or
other tenants. Tenant shall be responsible for and indemnify Landlord against any loss, damage, casualty, cost of repair, maintenance
or expense of any kind whatsoever, including but not limited to court costs and attorney’s fees, including such as may be caused by fire,
flood, or any accident, caused by Tenant’s wrongful act or negligence, or regardless of Tenant’s wrongful act or negligence if such fire,
flood, or accident occurs within the demised premises under Tenant’s possession and control, whether such may be of known or
unknown origin or causation and regardless of whether Tenant’s wrongful act or negligence is related to any known or unknown or
suspected origin or causation.
     (10) RULES: Tenant(s) hereby acknowledges receipt from Landlord of Rules and Regulations covering his occupancy and agrees to
abide by such Rules. These may be amended by Landlord as deemed necessary. A breach of any rule or regulation by the Tenant(s)
shall constitute a breach of the terms and conditions of this Lease.
      (11) DELAY OF OCCUPANCY: If the availability of the apartment upon commencement of this Lease is or will be delayed because of
construction/repair or prior Resident's holding over, Landlord shall not be liable to Resident for such delay or its effects, and the Lease
shall remain in force subject to abatement of rental on a daily basis during delay. Resident's right of rent abatement or Lease
termination shall not apply if delay is due to cleaning or repairs which do not prevent occupancy by Resident.




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      (12) HABITABILITY: The Tenant(s), by execution of this agreement, admits that the dwelling Unit described herein has been
inspected by him and meets with his approval. The Tenant(s) hereby acknowledges that said premises have been satisfactorily
completed, and that the Landlord will not be required to repaint, replaster or otherwise perform any other work, labor or service which
it has already performed for the Tenant(s) at the time of his initial leasing of said apartment. Tenant(s) admits that the premises are in
a livable/ habitable condition, and agrees that at the end of occupancy, hereunder to deliver up and surrender said premises to the
Landlord in good and clean condition, reasonable wear and tear excepted. However, Landlord realizes, that in certain cases such as
pre-leasing, such inspection of Unit is impossible. Therefore, Management permits Tenant(s) occupying pre-leased Unit three (3) days
after taking possession of Unit, the opportunity of notifying Management in writing of any conditions within said Unit that interferes
with its habitability.
        (13) LANDLORD PROVISIONS: Landlord shall: (A) Provide Tenant(s) Unit and furnishing if any, in good repair, in clean, sanitary
and usable conditions; Make repairs needed to maintain Unit and furnishing and general premises surrounding Unit in usable condition
during Rental Term; (C) Reserve the right to enter the premise for the purpose of inspection or repairs at all reasonable hours by means
of duplicate keys, master keys (or by other means if locks are inoperative for any reason). (D) Respect Tenant's right to privacy and
lawful, reasonable use of Unit without interference; (E) Not be responsible for injury or damage whatsoever from the interruption of
equipment functioning, or any services or utilities due to circumstances beyond his reasonable control, or for any loss of Tenant's
personal property in Unit or on premises; (G) Reserve the right to dispose of all property abandoned by the Tenant(s), upon their
vacating of the premises, without further notice required.
     (14) TENANT PROVISIONS: Tenant(s) shall: (A) Keep Unit and furnishings in clean condition during his occupancy; (B) Conform to
policies set by Landlord for use and care of general premises with respect to parking, garbage and trash disposal, and other usage's
affecting premises; (C) Not use any improperly wired or unsafe electrical appliances or install any unsafe wiring in Unit; (D) Keep
plumbing and drain lines in Unit clear and free from obstruction; (E) Not to make any changes or alterations of structure, equipment, or
furnishing of Unit without written consent obtained in advance from Landlord; (F) Report promptly to Landlord in writing any defect or
damages to Unit or furnishing or any repairs needed for same; (G) Pay for cleaning or repairs necessitated by his willful or accidental
use or misuse of Unit or furnishing; (H) Return Unit and all furnishings provided to Landlord in clean and sanitary condition and good
repair, fair wear and tear excepted, at termination of occupancy; (I) Not waste utilities furnished by the Landlord; nor use utilities or
equipment for improper or unauthorized use; and not to place fixtures, signs, or fences in or about the premises without the prior
permission of the Landlord in writing. If such permission is obtained, Tenant(s) agrees, upon termination of the Lease, to remove any
fixtures, signs or fences, at the option of the Landlord, without damage to the premises. (J) Pay for and replace any batteries in smoke
detectors and security systems or monitors, if any, as needed to insure operation; (K) Allow Landlord or Agent entry to Unit, for the
purposes of showing the Unit, ninety (90) days prior to the expiration of this Lease; (L) Look to Landlord's interest in the residential
rental (real) property subject to this Lease, and only to such property, for satisfaction of any judgment obtained by Tenant against
Landlord. (M) Tenant(s) shall not store or keep gasoline, explosives or other dangerously combustible materials in Unit. Tenant(s) shall
use Unit for residential purposes only and shall not permit any illegal or improper usage's or any disturbances, noise, or annoyance
detrimental to reasonable comfort of other tenants of the building or its neighbors. (N) Tenant(s) agrees not to use or install, without
written permission, water furniture, antenna or T.V. cable or telephone cable outlets, lock changes (including re-keying or additions of
locks).
     (15) UTILITY SERVICES: Each apartment has a separate meter for various utilities. However, certain utilities (waste water and
water) are available for a separate fee from the landlord company and the costs thereof are not included in the base rent for the
apartment unit under paragraph 1, and Tenant(s) are subject to and responsible for paying the billing for this utilities. Notwithstanding
the foregoing, a charge for use of utilities shall be periodically assessed to Tenant(s), these charges shall be billed to and paid for by
tenant as a monthly charge for utilities and any unpaid charges will be considered as additional rent in accordance with the terms and
conditions of the lease and rental agreement. Notwithstanding the foregoing, neither landlord nor agent shall be liable for loss or
damage resulting from the interruption of heat, electricity, water, sewer, telephone, cable tv or any other utility services, or for the
malfunction of machinery or appliances serving the premises or any part of the apartment complex in which the premises are located.
Neither landlord nor agent shall be liable for injury or damage to person or property caused by any defect in the heating, gas, electrical,
water, or sewer systems serving the premises. In no event shall landlord or agent be liable for damage or injury to persons or property
caused by wind, rain, fire, or other acts of God, and tenant hereby expressly waives all claims for such injury, loss, or damage.
     (16) OTHER PROVISIONS: This Lease is subject and subordinate to the lien of a mortgage or deed of trust or encumbrance now or at
any time hereunder placed on Unit or general premises of Unit. The Tenant(s) agrees to promptly execute any instrument evidencing
such subordination that the Landlord may request of him. The Tenant(s) further irrevocably appoints the Landlord as his Attorney-in-
fact to execute any such instrument for him and in his behalf. The conditions and agreements contained herein are binding and may be
legally enforced by the parties hereto and no failure to enforce a breach of any condition or agreement herein shall be construed to be
a waiver of that condition or agreement or of any subsequent breach thereof, or of this Lease; the right of the Landlord under the
foregoing shall be to forfeit any of the said rights, including but not limited to the Landlord's right to pursue eviction proceeding in the
event of only partial payment of any sums due at any time by Tenant(s); interest on any past due amounts owed under this Lease, or on
any court judgment for money damages, shall accrue at the highest (18%) percentage allowed by law without demand and such
interest is hereby defined, considered and intended to be additional rent; it is further understood and agreed between the parties
hereto that time is of essence of their Lease and applies to all terms and conditions contained herein. In the event of a default under




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this Lease, each maker authorizes the gamishment or attachment of his/her wages to the fullest extent permitted by law, including
without limitation, Florida Statute 222.11(2)(b)(1993) as amended from time to time
     17) REFERENCE FLORIDA STATUTE 83.535 Flotation bedding systems: If you plan to place a waterbed in your rental unit, you must
comply with the following requirements: 1) Carry flotation insurance in the amount of one-hundred thousand ($100,000) dollars with a
loss payable clause to EXIT REALTY PRODUCERS. The cost for insurance of this nature is approximately $50.00 per year. 2) You must
present evidence of this insurance to the agent before you occupy your rental unit. 3) There must be a policy for each waterbed in the
unit.
     (18) REFERENCE FLORIDA STATE STATUTES 83.49 Your security deposit is being held in a non-interest bearing Escrow Account at
BANK Of AMERICA, Security account #_898021176675_, located in Gainesville, Fl. .
     (19) REFERENCE FLORIDA STATE STATUTES 83.50 The Landlord’s Agent to receive notices and demands on his behalf is at the
                               rd
corporate office, 3600 NW 43 St.Ste. G1, Gainesville, Fl 32606. Your security deposit will be refunded in full provided that the property
has been left in the same physical condition as at the start of your tenancy and that all the terms and conditions of your lease have
been complied with. “The Landlord has thirty (30) days after the Tenant vacates the premises for termination of the rental agreement,
to impose a claim against the Tenant’s security deposit. If the Landlord fails to give the Tenant notice of such claims within the thirty
(30) days, the Landlord waives his rights to retain the deposit and must return it to the Tenant pursuant to section 83.49, Florida
Statutes.”
     (20) As required by law, Landlord makes the following disclosure: “RADON GAS” Radon is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
     (21) NO VERBAL AGREEMENTS: TENANT(S) HEREBY AGREES THAT THERE IS NO AGREEMENT OR VERBAL UNDERSTANDING OF
ANY KIND OR NATURE WHATSOEVER WITH THE LANDLORD OR ANY OF HIS REPRESENTATIVES, EXCEPT AS SET FORTH WITHIN THE
RULES AND REGULATIONS, APPLICATION AND LEASE.
    (22) BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY
THE FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANTS
PERSONAL PROPERTY.
     (23) IN THE EVENT OF A DEFAULT UNDER THIS LEASE, EACH MAKER AUTHORIZES THE GARNISHMENT OR ATTACHMENT OF
HIS/HER WAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, FLORIDA STATUTE
222.11(2)(b)(1993) AS AMENDED FROM TIME TO TIME.
     (24) THE PARTIES FURTHER AGREE THAT ANY ACTION BROUGHT UNDER THIS LEASE WHETHER BY THE LESSOR OR THE LESSEE,
SHALL BE BROUGHT IN ALACHUA COUNTY, FLORIDA AND BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL; THE UNDERSIGNED
LESSEE SPECIFICALLY AGREES THAT VENUE FOR ANY LAWSUIT INVOLVING ANY MATTER RELATED HERETO LIES IN ALACHUA COUNTY,
FLORIDA.
     (25) TENANT ACKNOWLEDGES THAT HE OR SHE HAS BEEN PROVIDED WITH A COPY OF THE RULES AND REGULATIONS FOR THE
COMMUNITY IN WHICH THEY WILL BE RESIDING AND ANY BREACH OF THOSE RULES AND REGULATIONS ARE CAUSE FOR
TERMINATION OF THIS LEASE. TENANT UNDERSTANDS THAT THOSE RULES AND REGULATIONS MAY BE AMENDED FROM TIME TO
TIME, AND LANDLORD WILL PROVIDE SUCH AMENDMENTS AS THEY ARE AVAILABLE.
     (26) Tenant will pay to Landlord upon execution of this lease, in addition to the SECURITY DEPOSIT listed above, an amount of
$       , for LAST MONTH’S RENT, which will APPLY ONLY TO THAT SPECIFIC MONTH. This amount will be held in a separate, non
interest bearing account at Bank of America.
                                    ONE SIGNATURE PER TENANT ONLY


WITNESS: ________________________________            TENANT: ____________________________ DATE:__________________




WITNESS:_________________________________            TENANT:_____________________________ DATE:__________________




WITNESS:__________________________________            LANDLORD:__________________________DATE:___________________




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